Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Dismissal of application - Theft of electricity - Jurisdiction of Civil Court - There is no bar to jurisdiction of Civil Court after the order is passed by forum created by defendants - No ground to interfere made out - Application rightly dismissed...........
Electricity Act, 2003, Section 135, 145 -- Theft of electricity - Jurisdiction of Civil Court - There is a specific bar under which jurisdiction of Civil Court to entertain suits/proceedings in respect of matters falling u/s 126 of the Act is expressly barred - Even, qua the final assessment order, Civil Court has no jurisdiction to deal with declaration suit pertaining to..........
Electricity Act, 2003, Section 126, 154 -- Unauthorised use of electricity - Merely because Special Court is empowered to determine civil liability u/s 154(4) of the Act, in cases where a complaint is lodged, it cannot be said that there is no power conferred on authorities to make provisional assessment/final assessment u/s 126 of the Act...........
Electricity Act, 2003, Section 135, 126 -- Unauthorised use of electricity - Where there is no theft of energy amounting to unauthorised use of electricity, in such cases, no complaint of theft can be lodged as contemplated u/s 135 of the Act and it is always open for authorities to assess loss of energy by resorting to power u/s 126(1) of the Act - However, where..........
Electricity Act, 2003, Section 181, Civil Procedure Code, 1908, Section 151 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 80 - Inherent power of Commission - Held, that there cannot be any restrictions in Conduct of Business Regulations on exercise of inherent powers by Commission - But specified inherent powers are not as..........
Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
